NHRC advisory states measures for protecting right of commercial truck drivers

Mandatory purchase of personal accident cover not less than Rs 15 lakh and provision of air-conditioned driver cabin, installation of automatic crash avoidance system and designated areas for inspection are among a slew of measures suggested in a new advisory issued by the National Human Rights Commission (NHRC) for protecting the rights of commercial truck drivers.

Acknowledging truck drivers as an "important component" of the country's labour force, the NHRC has said that the majority of them do not get social security benefits, such as provident fund, pension, health insurance and gratuity among others.

“Long working hours, lack of adequate rest and sleep, long absence from family, low salary, non-availability of clean and healthy food in time, constant threat of exploitation by law enforcement agencies and anti-social elements and high risk of road accidents makes the truck drivers prone to physical and mental stress, drug addiction and irresponsible sexual behaviour,” it cited as the reason for issuing an advisory for protecting their rights.

NHRC Chairperson Justice Arun Mishra has expressed "serious concerns" over the plight of commercial truck drivers and suggested "collaborative, pragmatic and implementable solutions" to safeguard their rights, a statement said.

According to the advisory, the NHRC wants the Centre to amend the Motor Vehicle Act, 1988 to provide for mandatory purchase of personal accident cover for not less than Rs 15 lakh for each driver, co-driver and helper of a commercial truck. It also wants an amendment in the law to make it mandatory that the driver's cabin is air conditioned besides installing first aid boxes, fire extinguisher and tool box in all commercial vehicles.

Owners should be encouraged to install automotive crash avoidance systems while drivers should be made aware of the ill-effects of tobacco chewing, smoking, drinking and consumption of drugs as well as driving for long hours without adequate rest and sleep.

The advisory also suggests that the authorities should take measures to ensure cashless treatment to drivers, co-drivers and helpers injured or incapacitated in road accidents.

It should also establish driver rest stops and lay byes consisting of parking area, furnished rest rooms, toilets, restaurants providing food and beverages at reasonable rates in clean hygienic environment, mechanic shops, medicine shops and clinics at locations not exceeding 40 kilometres along National Highways and at prominent locations along the State Highways and other major district roads.

Online facilities should be made available for registration, renewal and payment of taxes among others to minimise physical interface between drivers and law enforcement agencies. There should be designated areas for inspection of trucks and commercial vehicles as well as CCTV coverage in all toll booths, inter-state checkpoints and other inspection areas.

Fine should not be collected in cash, the advisory added. A Standard Operating Procedure (SoP) should be formulated on seizure of trucks and arrest of drivers, co-drivers and helpers in accident cases, overloading and violation of other laws. The SoP should contain an exhaustive list of cases where arrest of drivers or seizure of trucks may be made.